57
Considerations of the Court
96.
The Court will now proceed to determine who should be considered an
“injured party” in the terms of Article 63(1) of the American Convention and who will
be beneficiaries of the reparations that the Court establishes, in relation to pecuniary
damage, when applicable, and in relation to non-pecuniary damage.
97.
The Court considers that the following are “injured parties”: Jorge Carpio
Nicolle, Juan Vicente Villacorta Fajardo, Alejandro Ávila Guzmán, Rigoberto Rivas
González, Sydney Shaw Díaz, Martha Arrivillaga de Carpio, Mario Arturo López
Arrivillaga, Sydney Shaw Arrivillaga, Ricardo San Pedro Suárez, Jorge Carpio
Arrivillaga, Rodrigo Carpio Arrivillaga, Karen Fischer, Rodrigo Carpio Fischer, Daniela
Carpio Fischer, Silvia Arrivillaga de Villacorta, Álvaro Martín Villacorta Arrivillaga,
Silvia Piedad Villacorta Arrivillaga, Juan Carlos Villacorta Arrivillaga, María Isabel
Villacorta Arrivillaga, José Arturo Villacorta Arrivillaga, Rosa Everilda Mansilla Pineda,
Lisbeth Azucena Rivas Mansilla, Dalia Yaneth Rivas Mansilla, César Aníbal Rivas
Mansilla, Nixon Rigoberto Rivas Mansilla, Sonia Lisbeth Hernández Saraccine,
Alejandro Ávila Hernández, Sydney Roberto Ávila Hernández, María Paula González
Chamo and María Nohemi Guzmán, as victims of the respective violations indicated
above (supra para. 82(a) to (g)); they are therefore the beneficiaries of the
reparations that the Court shall establish, for both pecuniary damage, when
applicable, and non-pecuniary damage.
98.
Karen Fischer, former daughter-in-law of the victim, Jorge Carpio Nicolle,
shall also be the beneficiary of reparation equal to that of a daughter of Mr. Carpio
Nicolle, since it was proved that, emotionally, she was like daughter for the victim124
and that she had worked at his side from when she was young (supra para. 76(74)).
In addition, Mrs. Fischer furthered Mr. Carpio Nicolle’s judicial proceeding during
several years, so that she endured threats and an attack on her life (supra paras.
76(75) to 76(77)). It has equally been proved that Mrs. Fischer’s children, Daniela
and Rodrigo Carpio Fischer, were very affected by the death of their grandfather, Mr.
Carpio Nicolle (supra para. 76(78)), and had close ties to him. Subsequently, Mrs.
Fischer and her two children were forced to go into exile (supra para. 76(76)).
99.
The distribution of the compensation among the next of kin of Messrs. Carpio
Nicolle, Villacorta Fajardo, Ávila Guzmán and Rivas González, for loss of earning and
non-pecuniary damage, shall be as follows;
a)
Fifty percent (50%) of the compensation shall be delivered to the
person who was the wife of the victim at the time of his death;
b)
Fifty percent (50%) of the compensation shall be shared, in equal
parts, among the children of each of the victims; and
c)
Should there be no next of kin in one or any of the categories defined
in subparagraphs (a) and (b), the amount that would have corresponded to
124
Cf. Case of Juan Humberto Sánchez. Interpretation of the judgment on preliminary objections,
merits, and reparations. (Art. 67 American Convention on Human Rights). Judgment of November 26,
2003. Series C No. 102, para. 65; Case of the Caracazo. Reparations (Art. 63.1 American Convention on
Human Rights). Judgment of August 29, 2002. Series C No. 95, paras. 91.(c) and 105; and Case of the
“Panel Blanca” (Paniagua Morales et al.). Reparations (Art. 63.1 American Convention on Human Rights).
Judgment of May 25, 2001. Series C No. 76, para. 109.
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